A district court denied a defendant company's motion to dismiss a distribution center's claim for injunctive relief and damages under various causes of action based on environmental contamination on property managed by the defendant. Specifically, the plaintiff alleged that the company is not meetin...

A district court held that a consent decree settling an electric company's CERCLA liability with EPA and granting it contribution protection against additional CERCLA liability at an industrial site does not provide the company with contribution protection from a defense company's action seeking dam...

The Ninth Circuit upheld the dismissal of individuals' citizen suit claim against a Canadian mining company seeking civil penalties under CERCLA for the mining company's noncompliance with a unilateral administrative order. Because a citizen suit for penalties while remediation is ongoing is a ...

A district court dismissed an insurance company's CERCLA §§107 and 112 claim for response costs incurred by one of its policy holders seeking to redevelop the site of a former aerospace manufacturing facility. Because insurance payments made pursuant to a contractual obligation are not "respo...

A district court approved two consent decrees settling Colorado's claims for natural resource damages against two waste companies and the city and county of Denver in connection with the Lowry Landfill Superfund site. The settlement, which requires the performing parties to each pay $500,000...

A district court, on motions for reconsideration and for leave to amend counterclaims, held that a gas company may seek recovery costs under CERCLA and the Michigan Natural Resources and Environmental Protection Act against the plaintiffs in the case. The plaintiffs seek recovery of costs they ...

A Washington appellate court held that the former owners of contaminated property may be held liable under the state's Model Toxics Control Act (MTCA). Fifteen years after the former owner sold the property to a port, the port notified the former owners that they were potentially liable part...

A district court held that the owners of contaminated property may be held liable under RCRA for obstructing the former owner's ability to clean up the site. After purchasing the property from a power company, the owners filed suit against the power company under RCRA. The company then filed...

A district court denied a property owner's motion to add RCRA claims to its CERCLA and state law action against a dry cleaner for groundwater contamination. The property owner failed to comply with RCRA's notice requirements. The boilerplate and conclusory RCRA notices provided by the owner fai...

The D.C. Circuit denied a petition challenging a magnesium plant's inclusion on the NPL. EPA uses a hazard ranking system (HRS) to determine whether to place a site on the NPL. Petitioners argued that EPA erred in calculating the HRS score and that if these errors were corrected, the site's ...